[Ord. 658, 4/9/2015]
The Planning Director shall be appointed and shall have the powers and duties set forth in Part 4A of Chapter
1 of the Moon Township Code of Ordinances, Administration and Government, as amended.
[Ord. 658, 4/9/2015]
The Board of Supervisors shall establish, from time to time
by resolution, fees and charges for all permits and applications required
by this chapter.
[Ord. 658, 4/9/2015]
Amendments of this chapter may be initiated by the Board of
Supervisors, the Planning Commission, the Planning Director, or by
a petition of a landowner within the Township in accordance with the
following provisions:
A. Petitions for amendment by landowners, other than curative amendments under §
27-1408 of this chapter, shall be filed with the Planning Director, in a form prescribed from time to time by the Township, and shall contain the following:
(1)
The application fee and deposit in an amount set from time to
time by resolution of the Board of Supervisors.
(2)
A written narrative setting forth the following:
(a)
A detailed description of the proposed amendment to this chapter.
(b)
A description of how the proposed amendment is consistent with
the surrounding area and will not negatively impact the Township.
(c)
A description of how the proposed amendment is consistent with
the Comprehensive Plan.
(3)
For applications requesting a Zoning Map change, the application
shall contain a map(s) showing the subject property, surrounding lots
and zoning districts within a 1/2-mile radius and a one-mile radius
of the subject property.
B. Any proposed amendment other than one proposed by the Planning Commission
shall be referred to the Planning Commission for review. The Planning
Commission shall review the proposed amendment and report its findings
and recommendations, in writing, to the Board of Supervisors and to
the petitioner.
C. In the event the Planning Commission recommends approval of the proposed
amendment, in whole or in part, or if a public hearing is requested
by at least one member of the Board of Supervisors, a public hearing
will be scheduled on the proposed amendment and a copy of the same
submitted to the county planning agency at least 45 days prior to
the public hearing in accordance with the requirements of the MPC.
D. If the proposed amendment involves a Zoning Map change, notice of
the public hearing shall be:
(1)
Mailed by the Township at least 30 days prior to the public
hearing by first class mail to the addresses to which real estate
tax bills are sent for all real property located within the area being
rezoned, as evidenced by tax records within the possession of the
Township. A good faith effort and substantial compliance shall satisfy
the requirements of this subsection. This subsection shall not apply
to a comprehensive rezoning.
(2)
Conspicuously posted by the Township at points deemed sufficient
by it along the tract to notify potentially interested citizens in
accordance with the requirements of the MPC.
E. The proposed amendment shall also be published, advertised and made
available to the public in accordance with the requirements of the
MPC.
F. If after any public hearing held upon a proposed amendment, the proposed
amendment is substantively revised or further revised to include land
previously not affected by it, then the Board of Supervisors shall
hold another public hearing pursuant to public notice before proceeding
to vote on the proposed amendment.
G. The Board of Supervisors shall act on a proposed amendment to this
chapter within 90 days of the date of the meeting at which the public
hearing on the amendment is closed. If the Board of Supervisors fails
to so act within the said ninety-day period, then the proposed amendment
shall be deemed denied.
H. Within 30 days after enactment, a certified copy of the amendment
to this chapter shall be forwarded to the county planning agency.
[Ord. 658, 4/9/2015]
Any landowner who wishes to challenge, on substantive grounds,
the validity of this chapter, or the Zoning Map, or any provision
thereof which prohibits or restricts the use or development of land
in which he has an interest may prepare and submit a curative amendment
to the Board of Supervisors, in the form he proposes it be adopted,
together with a written request that his challenge and proposed amendment
be heard and decided in accordance with the requirements of the MPC.
The Board of Supervisors shall hold a public hearing, pursuant to
public notice, on the matter within 60 days of receiving an administratively
complete curative amendment request. Public notice of the public hearing
shall be given by the Township in accordance with the requirements
of the MPC. Public hearings shall be conducted and held in accordance
with the applicable provisions of the MPC. The Board of Supervisors
shall comply with all applicable requirements of the MPC regarding
the conduct of hearings and decisions related thereto.
A. Referral to Planning Commission. The curative amendment and challenge
shall be referred to the Planning Commission and the county planning
agency or its designee at least 45 days prior to the public hearing
for review and comment.
B. Declaration of Invalidity by the Court. If the Township does not
accept a landowner's curative amendment brought in accordance with
this section and a court subsequently rules that the challenge has
merit, the court's decision shall not result in a declaration of invalidity
for this entire chapter but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.
C. Evaluation of Merits of Curative Amendment. If the Board of Supervisors
determines that a validity challenge has merit, the Board of Supervisors
may accept a landowner's curative amendment, with or without revision,
or may adopt an alternative amendment which will cure the challenged
defects. The Board of Supervisors shall consider the curative amendments,
plans, and explanatory material submitted by the landowner and shall
also consider:
(1)
The impact of the proposal upon streets, sewer facilities, water
supplies, schools, and other public service facilities.
(2)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or the Zoning Map.
(3)
The suitability of the lot's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources, and other natural features
for the intensity of the proposed use(s).
(4)
The impact of the proposed use on the lot's soils, slopes, woodlands,
wetlands, floodplains, natural resources, and natural features, the
degree to which these are protected or destroyed, the tolerance of
the resources to development, and any adverse environmental impacts.
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to the public health, safety,
and welfare.
[Ord. 658, 4/9/2015]
If the Board of Supervisors determines that this chapter or
a portion thereof is substantially invalid, it may implement the procedure
for municipal curative amendments provided in § 609.2 of
the MPC, 53 P.S. § 10609.2.